Orbit Alpha Tester Agreement
1. Definitions
1.1 "Pre-release Software" means any version of the Orbit SI app, website feature, service or related material that we make available to you for testing before its public release, including builds delivered through Apple TestFlight.
1.2 "Confidential Information" means all non-public information you receive or observe through the testing program, including the Pre-release Software, its features, design, screens, performance, pricing, plans, partners, data, test instructions, communications from Orbit and the existence and content of any unreleased feature. Confidential Information does not include information that (a) is or becomes public through no fault of yours, (b) you already lawfully knew without a duty of confidentiality, (c) you lawfully receive from a third party without a duty of confidentiality, or (d) you develop independently without use of the Confidential Information.
1.3 "Competitor" means any company, organization or person, and any parent, subsidiary or affiliate of one, that develops, offers, operates or invests in navigation, mapping, traffic, routing, driver-assistance, driver-safety, crash-detection, location-sharing, family-safety, fleet or vehicle telematics, or in-vehicle software or services, whether directly or indirectly. Examples include, without limitation, Alphabet Inc. and Google LLC (including Google Maps and Waze), Life360, Inc. (including Tile), TomTom, HERE Technologies, Mapbox, Garmin and their affiliates. For this Agreement, Apple Inc. and its affiliates are not Competitors.
1.4 "Immediate Family Member" means your spouse or domestic partner, parent, child, sibling, grandparent, grandchild or in-law, and anyone who lives in your household.
2. Eligibility and Conflicts of Interest
2.1 Your representations. By accepting this Agreement, you represent and warrant that:
(a) you are at least 18 years old;
(b) you are not, and during the testing program will not become, an employee, contractor, consultant, advisor, officer, director or agent of any Competitor;
(c) no Immediate Family Member of yours is an employee, contractor, consultant, advisor, officer, director or agent of any Competitor;
(d) you do not hold, directly or indirectly, more than one percent (1%) of the equity of any Competitor, other than through a diversified mutual fund or index fund you do not control; and
(e) you are not joining the testing program on behalf of, at the request of, or to gather information for any Competitor or any other person; and
(f) you are not located in, or a resident of, a country or region subject to comprehensive U.S. sanctions, and you are not on any U.S. government list of restricted or prohibited persons.
2.2 Duty to tell us. If any statement in Section 2.1 stops being true, you must stop using the Pre-release Software and notify us at support@orbitsi.app within five (5) days.
2.3 Our rights. If any statement in Section 2.1 is or becomes untrue, we may end your participation immediately, and your obligations under Sections 3, 4 and 5 continue.
3. Confidentiality
3.1 You will keep Confidential Information strictly confidential, use it only to test the Pre-release Software and give us feedback, and not disclose it to anyone, including Immediate Family Members, except as allowed in this Section.
3.2 You will not post, publish, stream, share or describe Confidential Information in any form, including screenshots, screen recordings, photos, videos, reviews, social media posts, forums, chats or articles.
3.3 You may say that you are an Orbit SI tester and may discuss anything Orbit has already announced publicly.
3.4 You will protect Confidential Information with at least reasonable care, including keeping your device locked and not letting anyone else use the Pre-release Software. If you learn of any unauthorized use or disclosure, you will tell us promptly at support@orbitsi.app.
3.5 If a law, court or government authority requires you to disclose Confidential Information, you may do so only to the extent required, and only after giving us prompt written notice (where the law allows) so we can seek protection.
3.6 Nothing in this Agreement prevents you from reporting possible violations of law to a government agency or from making disclosures protected by whistleblower laws. Under the federal Defend Trade Secrets Act (18 U.S.C. § 1833(b)), you will not be held liable for disclosing a trade secret in confidence to a government official or attorney solely to report or investigate a suspected violation of law, or in a sealed court filing.
4. Use Restrictions
You will not, and will not help anyone else to:
(a) copy, modify, distribute, sell, lend or sublicense the Pre-release Software;
(b) reverse-engineer, decompile, disassemble, extract, scrape or try to discover its source code, models, data, interfaces or methods, except where applicable law expressly permits this despite this restriction;
(c) share your TestFlight invitation, tester code or access with anyone;
(d) use the Pre-release Software or Confidential Information to build, improve, benchmark or analyze any competing product or service, or to advise any Competitor; or
(e) interfere with, disrupt or test the security of our systems, or access any part of them you were not given;
(f) use the names, logos or trademarks of Orbit SI or Fort Detroit Logistics LLC, or suggest you speak for us; or
(g) export or re-export the Pre-release Software in violation of U.S. or other applicable export control or sanctions laws.
5. Feedback and Ownership
5.1 "Feedback" means any reports, ideas, suggestions, ratings, check-in answers, recordings or other input you give us about Orbit.
5.2 You grant Orbit a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use, copy, modify, publish and commercialize Feedback for any purpose, without payment, credit or further approval. You will not give us Feedback that you know is confidential to someone else or that you have no right to share.
5.3 Orbit owns all rights in the Pre-release Software, Orbit SI and everything made from or with Feedback. This Agreement gives you only a limited, personal, revocable, non-transferable right to use the Pre-release Software for testing during the program.
6. No Compensation; Relationship; No Obligation to Release
6.1 Participation is voluntary and unpaid unless Orbit agrees otherwise in writing. You are not an employee, contractor, agent or partner of Orbit, and nothing in this Agreement creates such a relationship.
6.2 Orbit has no obligation to release any feature or version, to keep any feature, or to act on any Feedback. Features in the Pre-release Software may change or be removed.
6.3 We will not name or quote you publicly (for example in marketing) without your separate permission.
7. Third-Party Platforms
Test builds are delivered through Apple TestFlight. Apple's terms for TestFlight and the App Store apply to your use of them, and Apple is not a party to this Agreement and is not responsible for the Pre-release Software.
8. Safety, Risk and Disclaimers
8.1 The Pre-release Software is a test version and may contain errors. Directions, speed limits, weather, traffic, alerts, crash alerts and all other information are guidance only and may be wrong, late or missing. Always obey traffic laws, road signs and conditions, and use your own judgment.
8.2 Never handle your phone while driving. Mount it and use voice, or have a passenger operate it.
8.3 You are responsible for your own vehicle, driving, phone, data plan and device. Back up anything important before installing test builds.
8.4 THE PRE-RELEASE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, TO THE FULLEST EXTENT ALLOWED BY LAW.
8.5 TO THE FULLEST EXTENT ALLOWED BY LAW, ORBIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF DATA, PROFITS OR USE, ARISING FROM THE TESTING PROGRAM OR THE PRE-RELEASE SOFTWARE, AND ORBIT'S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some places do not allow these limits, so they may not fully apply to you.
9. Privacy and Test Data
9.1 The Orbit SI Privacy Policy (orbitsi.app/privacy) and Terms (orbitsi.app/terms) apply to your use. Test builds may collect additional diagnostics (for example crash logs, performance and voice diagnostics) to find and fix problems, as described in the Privacy Policy.
9.2 Anonymous driving data. While you test, the Pre-release Software shares anonymous driving data from your phone with Orbit by default, to build Orbit's own maps, traffic and speed limits: how fast traffic moves on a road, how long cars wait at traffic lights, where cars stop, mobile signal, and answers you give in the app about the road. It is sent with a random number that changes every drive, never with your name, email address or account, and nothing is sent from the start or the end of a drive. You confirm you are at least 18 years old (Section 2) and agree to this sharing while you test. You can turn it off at any time in the app under Settings › Privacy, and it stays off, subject to Section 9.3.
9.3 New testers. If you join the testing program on or after November 1, 2026, sharing anonymous driving data under Section 9.2 is a condition of testing: if your phone sends no drive with sharing on in your first 7 days, or you later turn sharing off, your participation ends (Section 10). If you joined before November 1, 2026, sharing stays your choice.
10. Term and Termination
10.1 This Agreement starts when you accept it and continues until your participation ends. Either party may end participation at any time, for any reason, by notice (for us, including removal from TestFlight).
10.2 When participation ends, you must stop using and delete the Pre-release Software, and delete or destroy any materials containing Confidential Information (including screenshots, recordings and notes), except Feedback you already sent us.
10.3 Your confidentiality obligations last until the Confidential Information becomes public through no fault of yours, or for two (2) years after your participation ends, whichever comes first; obligations for trade secrets last as long as they remain trade secrets. Sections 1, 2.3, 3, 4, 5, 8, 10.2, 10.3, 11, 12 and 13 survive termination.
11. Indemnity
To the extent allowed by law, you will defend, indemnify and hold harmless Orbit and its members, officers and contractors from claims, losses and reasonable costs (including attorneys' fees) arising from your breach of Sections 2, 3 or 4.
12. Remedies
A breach of Sections 2, 3 or 4 may cause Orbit irreparable harm for which money damages would not be enough. Orbit may seek an injunction or other equitable relief, without posting a bond where the law allows, in addition to any other remedy.
13. General
13.1 Governing law and venue. This Agreement is governed by the laws of the State of Michigan, without regard to conflict-of-law rules. The state and federal courts located in Wayne County, Michigan have exclusive jurisdiction, and both parties consent to them.
13.2 Jury waiver. To the extent allowed by law, you and Orbit each waive the right to a jury trial in any dispute about this Agreement.
13.3 Entire agreement. This Agreement, together with the Privacy Policy and Terms, is the entire agreement about the testing program and replaces any earlier version, including Alpha Tester Agreement versions 3.0, 2.0 and 1.0.
13.4 Changes. We may update this Agreement. We will ask you to accept a new version before it applies to you; if you do not accept, your participation ends.
13.5 Severability; waiver. If any part is found unenforceable, it will be enforced to the maximum extent allowed and the rest remains in effect. Not enforcing a part is not a waiver.
13.6 Assignment. You may not transfer this Agreement. Orbit may assign it to an affiliate or a successor.
13.7 Electronic acceptance. Your electronic acceptance is a signature, and we keep a record of the version, date and time you accepted.
13.8 Notices. Notices to Orbit go to support@orbitsi.app. Notices to you go to the email on your application.
Fort Detroit Logistics LLC, d/b/a Orbit SI · Detroit, Michigan · support@orbitsi.app
Tap below to accept this agreement.